[HISTORY: Adopted by the Common Council of the City of Fulton 9-7-1954 (Ch. 141 of the 1991 Code). Amendments noted where applicable.]
Editor's Note: For state provisions concerning air pollution control, see Article 19 of the Environmental Conservation Law.
As used in this chapter, the following terms shall have the meanings indicated:
- DENSE SMOKE
- That smoke which has a density of No. 3 or greater as established by the chart hereafter referred to.
- PERSON, FIRM OR CORPORATION
- Any individual, partnership, firm, association, company, corporation, syndicate or other group or groups of organized or unorganized individuals who may employ, own, use or operate any fuel-consuming device, open fire or incinerator.
- RINGELMANN CHART
- That standard recommended by the United States Bureau of Mines; provided, however, that other modifications of this chart which provide for simple application and give the same final results may be used.
It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 3 on the Ringelmann Chart, published by the United States Bureau of Mines, which is hereby adopted and made part of this chapter by reference. Any other means of measuring smoke density approved by the United States Bureau of Mines will automatically become a part of this chapter.
The provisions of § 204-2 of this chapter shall not be applicable when a fire box, furnace, boiler, locomotive or other fuel-consuming device is being cleaned out and/or a new fire is being built therein, or from any open fire controlled or in charge of a person or persons, in which event a smoke density described as No. 3 shall be permitted for a period of nine minutes in any single period of 60 minutes.
It shall be unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, other particulate matter, noxious acids, fumes and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health and safety of any person or of the public or in such manner as to cause or have a tendency to cause injury or damage to property or businesses.
It shall be unlawful for any person, firm or corporation to use or consume any solid fuel for hand-firing which does not meet the standards of a smokeless solid fuel as set forth in this section. "Smokeless fuel," for the purpose of the enforcement of this chapter, shall be considered a fuel, the volatile content of which is 20% or less on a dry basis.
Exceptions to this section may be granted upon request for a test to prove that a solid fuel having volatile content in excess of 20% on a dry basis can be burned or consumed by means of added appliances which will ensure prevention of all air pollution prohibited by this chapter. The cost of the test must be borne by the applicant.
The granting of the exception will become null and void if subsequently smoke is emitted in density greater than that permitted by this chapter.
[Amended 10-30-1991 by L.L. No. 4-1991]
Any violation of this chapter shall be punishable by a fine not to exceed $250 for each violation and imprisonment for not more than 15 days, or both such fine and imprisonment.